SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Gordon (No 2) |
Citation: | [2019] ACTSC 254 |
Hearing Date: | 5 August 2019 |
DecisionDate: | 5 August 2019 |
Before: | Mossop J |
Decision: | See [42] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentence – possess prohibited substance – intentional wounding – aggravated robbery – close relationship between charges – offending in breach of good behaviour orders including suspended sentences – offender with serious criminal history – offender’s previous opportunities for rehabilitation not embraced – sentences of imprisonment – suspended sentences imposed |
Legislation Cited: | Crimes Act 1900 (ACT), ss 21, 160 Crimes (Sentence Administration) Act2005 (ACT), s 110 Drugs of Dependence Act 1989 (ACT), s 171(1)(b) |
Cases Cited: | |
Parties: | The Queen (Crown) Isaac John Gordon (Offender) |
Representation: | Counsel M Fernandez (Crown) B Shelton (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Sharman Robertson Solicitors (Offender) | |
File Numbers: | SCC 139 of 2019 SCC 321 of 2017 |
MOSSOP J:
Introduction
The offender, Isaac Gordon, has pleaded guilty in the Magistrates Court to the following offences:
a) one count of possessing a prohibited substance, namely 3,4‑methylenedioxymethamphetamine (MDMA) contrary to s 171(1)(b) of the Drugs of Dependence Act 1989 (ACT), the maximum penalty being imprisonment for two years, 50 penalty units or both (CC2019/4899);
b) one count of intentionally wounding another person contrary to s 21 of the Crimes Act 1900 (ACT), the maximum penalty being imprisonment for five years (CC2019/4901);
c) one count of aggravated robbery contrary to s 310(b) of the Criminal Code 2002 (ACT), the maximum penalty being imprisonment for 25 years, 2500 penalty units or both (CC2019/5920).
The offending puts him in breach of a number of good behaviour orders, some of which are associated with suspended sentences. I will return to these offences later in the reasons.
Facts
The facts were agreed. In summary they were as follows.
On Sunday, 28 April 2019, the offender was seated in the rear passenger seat of a vehicle parked in the Ngunnawal shopping centre carpark. The offender was wearing a black jacket. The victim, a young man, and two others were also in the vehicle. The victim was sitting in the front passenger seat of the vehicle with the window down. The offender left the vehicle with his brother, who was one of the other males seated in the vehicle, to access an Automatic Teller Machine (ATM). Upon returning, the offender approached the victim from behind, reached through the open window and placed a knife at his throat. The offender said “give me your stuff or I’ll kill you, I’ve just been to gaol for two years”. The offender asked for cash and various items in the vehicle. Upon the victim’s refusal the offender began to stab him four to five times with a 30cm kitchen knife. The victim was effectively trapped in the…
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- AGLC
- R v Gordon (No 2) [2019] ACTSC 254
- Case
- [2019] ACTSC 254
- Decision Date
CaseChat Overview and Summary
The court considered the principles of sentencing in relation to multiple offences and the necessity for Gordon to be deterred from future criminal conduct. The offences were closely related, as they all occurred in the context of a series of criminal activities and demonstrated a pattern of behaviour that disregarded previous opportunities for rehabilitation. Given Gordon's extensive criminal history and the seriousness of the current offences, the court held that imprisonment was necessary. However, taking into account the fact that Gordon had already served time and the potential for rehabilitation, the court imposed suspended sentences in addition to periods of imprisonment.
The court ordered that Gordon serve 12 months imprisonment for possession of the prohibited substance, suspended for 18 months. For the charge of intentional wounding, Gordon was sentenced to 18 months imprisonment, suspended for 24 months. Lastly, for the aggravated robbery, Gordon was sentenced to 24 months imprisonment, suspended for 30 months. These sentences reflect the court's consideration of Gordon's criminal history, the seriousness of the offences, and the need for deterrence and rehabilitation. The court emphasised that Gordon must adhere to the terms of his good behaviour orders to avoid further imprisonment.
Orders
Orders of the court
See [42]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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